A WOMAN has fought back against a towing company and won after her food truck was illegally taken from an empty lot.
The Kansas City resident, owner of the food truck ‘Crazy Tacos,’ even secured a $7.1 million judgment.
A towing company faces justice after holding food truck for 699 days[/caption]
Kansas City jury awards millions to food truck owner in towing dispute[/caption]
The driver parked her truck without issue, saying the lot had no signs, fences, or warnings prohibiting parking, her lawyer told Fox 4.
But, within 30 minutes of parking there, the woman’s food truck – her entire livelihood and only vehicle- vanished.
After fighting the towing bill, the company, Haney’s Trucking and Tow was later judged to have violated Missouri law – which requires the property owner to be present for a legal tow.
The company held her truck for 699 days and demanded thousands of dollars for its return – and even attempted to transfer its ownership.
Worse still, when she eventually got the truck back, it was heavily damaged, missing equipment and barely operable.
Despite the loss of her livelihood, she fought back through legal channels, filing a complaint with the Missouri Attorney General’s office and pursuing a lawsuit.
“They towed the truck after 30 minutes; they towed illegally,” said Attorney Brianne Thomas, a partner at Boyd Kenter Thomas & Parish LLC.
But in what’s being described as a strong message to the towing industry, she was eventually awarded $7.1 million by a jury – $6.9m in punitive damages and $200,000 in compensatory damages.
Philip Danaher, an attorney at Danaher Law Firm, later said: “The people of Kansas City spoke loud.
“They spoke not just to this community but to the entire towing industry, and they said it’s not going to happen here, it’s not going to happen anywhere.”
The predatory towing company has since ceased operations, changed its name and left its offices vacant – with the building now up for sale.
Other drivers are being urged to follow the Kansas City woman’s lead and make sure they’re in a position to fight back against illegal tow practices – should you need to.
In this instance, she made sure to document the incident and file a complaint with the Missouri Attorney General’s office.
She also pursued legal action with the help of her attorneys, presenting evidence that the towing company violated the law, held her truck for 699 days and attempted to transfer its ownership.
5 steps to proctect yourself from predatory towing
- Know your local laws: Towing rules vary by city and state, so make sure you research your area’s regulations – especially if you frequently park in commercial or high-traffic zones
- Be alert for warning signs: Look out for signs, fencing, painted curbs and fire lanes, even in empty lots
- Document the scene: If your car is towed, take photos of where it was parked and request a copy of the tow authorization
- Don’t just pay the fee: If something seems a bit fishy, like missing signage or an unusually high bill, you don’t have to accept it without questioning
- File a formal complaint: Report incidents to proper authorities, as demonstrated by the woman from Kansas City who won the $7.1 million verdict. Action can lead to accountability
TOW JOKE
Elsewhere, a driver was recently forced to fork out $200 after his car was towed because his parking sticker was in the wrong spot – with the bill increasing every day
Tishawn Tillman from Hartford, Connecticut, made the costly mistake of placing his parking sticker on the driver’s side window instead of on the windshield – which led to his car being towed.
The towing ordeal highlights the need for clearer rules and inspired a law giving drivers 72 hours to fix small mistakes
According to Courant, Tillman had recently moved to a new apartment when he received a parking sticker for its private lot.
But unsure where to place it, he stuck it on the driver’s side window instead of the windshield.
Less than a month later, his car was unexpectedly towed by Cross Country Automotive – with the towing company claiming they didn’t see the sticker.
Tillman, though, argues that there were no instructions on where to place the sticker.
What to do if your car is towed
Wrongfully or not, retrieving a towed vehicle can be a hassle.
If your vehicle is towed after parking in a “No Parking” zone or other legitimate reason, there are a few steps to take to get it back.
Steps to take when your car is towed:
- Try to figure out why your car was towed. Did you not see a posted “No Parking” sign? Did you miss a car payment? Did you return to a lot where you have unpaid citations? Finding the reason can narrow down the phone numbers to dial.
- Locate the vehicle. Most states, cities, or counties require towing companies to leave some form of contact information via a posted sign or sent by mail.
- Recovery dates and times depend on the company that towed the vehicle, but those times will be posted to the website or can be recited by a representative.
- Pay the fees. Be careful to be as prompt as possible, as some tow yards may charge storage fees by the day.
If you feel your vehicle was wrongfully towed, contesting the action can be done with the following steps:
- Be prompt – many states have a small window of time where it’s acceptable to file a complaint against a company that wrongfully towed the vehicle.
- Gather supporting documents: photos, emails, receipts, police reports, and witness statements if applicable. The more evidence, the better.
- Get familiar with your local laws, as laws for towing companies vary per state.
- Try speaking with the towing company. Sometimes it may have been a simple oversight, and the matter can be resolved quickly.
- Contact the Justice of the Peace in your area, as they may have more insight or resources to help. They are often utilized for towing cases.
- Talk to a lawyer. Many lawyers have free case consultations, and depending on the case, it may be worth it to utilize a lawyer.
Source: Oregon Department of Justice, National General, Rak Law Firm
